Approval of Nebraska's Air Quality Implementation Plans; Nebraska Air Quality Regulations and State Operating Permit Programs, 69693-69696 [2016-24088]
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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations
Name of source
State
effective date
Permit No.
County
PA–51–4902 .....
Veolia Energy PhiladelPA–51–4942 .....
phia—Schuylkill Station.
*
*
*
(e) * * *
*
*
Additional explanation/
§ 52.2063 citation
10/07/2016, [Insert Federal Register citation].
02/09/16
Philadelphia ....................
EPA approval date
01/09/15
Philadelphia ....................
Veolia Energy Philadelphia—Edison Station.
69693
10/07/2016, [Insert Federal Register citation].
Supersedes previously
approved RACT permit. Source was formerly TRIGEN—Edison Station.
Supersedes previously
approved RACT permit. Source was formerly TRIGEN—
Schuylkill Station.
Source is aggregated
with Grays Ferry Cogeneration Partnership
and Veolia Energy Efficiency, LLC.
(1) * * *
Name of non-regulatory SIP revision
Applicable geographic area
State submittal
date
EPA approval date
Additional explanation
*
*
Philadelphia 1997 8-Hour Ozone RACT
Demonstration.
*
Philadelphia County
*
9/29/2006, 6/
22/2010, 6/27/
2014, 7/18/
2015, 4/26/
2016
*
10/7/2016, [Insert
Federal Register
citation].
*
*
Addressing all applicable RACT requirements for Philadelphia under the
1997 8-hour ozone standards. This
rulemaking action converts the prior
conditional approval of RACT demonstration to full approval.
*
*
§ 52.2023
■
*
*
*
[Amended]
3. In § 52.2023, remove paragraph (l).
[FR Doc. 2016–23840 Filed 10–6–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2016–0555; FRL–9953–59–
Region 7]
Approval of Nebraska’s Air Quality
Implementation Plans; Nebraska Air
Quality Regulations and State
Operating Permit Programs
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
Implementation Plan (SIP) for the State
of Nebraska. This action will amend the
SIP to include revisions to title 129 of
the Nebraska Air Quality Regulations,
chapter 5, ‘‘Operating Permits—When
Required’’; chapter 9, ‘‘General
Operating Permits for Class I and Class
II Sources’’; chapter 22, ‘‘Incinerators;
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SUMMARY:
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Emission Standards’’; chapter 30, ‘‘Open
Fires’’; and chapter 34 ‘‘Emission
Sources; Testing; Monitoring. These
revisions were requested by the
Nebraska Department of Environmental
Quality (NDEQ) in three submittals,
submitted on May 1, 2003, November 8,
2011, and July 14, 2014. The May 1,
2003, submittal revised chapters 5 and
9, to address changes in regard to the
permits-by-rule provisions of Title 129.
The November 8, 2011, submittal allows
for the issuance of multiple operating
permits to major sources through
revisions to chapter 5. In addition,
revisions to chapters 22 and 30
encourage the use of air curtain
incinerators over open burning; and
changes to chapter 34 clarify the
authority of NDEQ to order emission
sources to do testing when NDEQ deems
it necessary. The July 14, 2014,
submittal further revises chapter 34, by
updating the reference to allowable test
methods for evaluating solid waste,
changing the amount of time allowed to
submit test results, and allowing the
Department to approve a request for
testing with less than 30 days
notification.
This direct final rule will be
effective December 6, 2016, without
further notice, unless EPA receives
adverse comment by November 7, 2016.
DATES:
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If EPA receives adverse comment, we
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2016–0555, to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
ADDRESSES:
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69694
Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Greg
Crable, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913–551–7391,
or by email at crable.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
FOR FURTHER INFORMATION CONTACT:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
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I. What is being addressed in this
document?
EPA is approving revisions into the
SIP to include amendments to title 129
of the Nebraska Air Quality Regulations,
chapters 5, 22, 30 and 34, as submitted
on November 8, 2011. The EPA is also
approving additional revisions to
chapter 34, as submitted on July 14,
2014, and to chapters 5 and 9, as
submitted on May 1, 2003. Revisions to
chapter 5 allows for the issuance of
multiple operating permits to major
sources. The revisions to chapters 22
and 30 encourage the use of air curtain
incinerators over open burning and the
revisions to chapter 34 as submitted on
November 8, 2011, clarify NDEQ’s
authority to require emission sources to
test for contaminant emissions. The
revisions to chapter 34 requested in the
July 14, 2014, submittal updates the
reference to allowable test methods for
evaluating solid waste; makes changes
to the amount of time allowed to submit
test results; and allows NDEQ to
approve a request to test with less than
30 days notification.
The revisions to chapter 5 submitted
on May 1, 2003, allows a source
otherwise subject to the Class II
operating permit program to be covered
instead by the permits-by-rule
provisions, provided the source
qualifies. The May 1, 2003 submittal,
also revised chapter 9 to allow a source
covered for some activities under a
general permit be covered for other
facilities or activities by a permits-byrule. Revisions to chapter 5 ‘‘Operating
Permits—When Required’’, submitted
on November 8, 2011, clarifies the
process for issuing operating permits to
major sources comprised of different
regulated entities or ‘‘persons’’. The
changes allow each regulated entity
more options in applying for operating
permits and NDEQ more flexibility in
issuing the permits. The revisions to
chapter 5 are worded such that sources
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permitted under the changed language
will not avoid other major source
obligations. The revisions to chapter 22,
‘‘Incinerators; Emission Standards’’,
establish requirements regarding opacity
for air curtain incinerators while
revisions to chapter 30, ‘‘Open Fires’’,
allow burning in an air curtain
incinerator with a general or community
open fire permit issued by NDEQ. Title
129, chapter 34, ‘‘Emission Sources;
Testing; Monitoring’’, as submitted on
November 8, 2011, is being revised to
clarify NDEQ’s authority to order
emission sources to make or have tests
made to determine the rate of
contaminant emissions from the source.
The July 14, 2014, submittal further
revises chapter 34, by updating the
reference to allowable test methods for
evaluating solid waste, changes the
amount of time allowed to submit test
results, and allows NDEQ to approve a
request for testing with less than 30
days notification. For additional
information on the revisions to chapter
5, 9, 22, 30 and 34 see the detail
discussion table in the docket.
II. Have the requirements for approval
of a SIP revision been met?
The state submittals have met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submittals also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
III. What action is EPA taking?
EPA is approving the state’s request to
revise the SIP to include amendments to
title 129, of the Nebraska Air Quality
Regulations, chapter 5, ‘‘Operating
Permits—When Required’’; chapter 22,
‘‘Incinerators; Emission Standards’’;
chapter 30, ‘‘Open Fires’’; and chapter
34, ‘‘Emission Sources; Testing;
Monitoring’’, as submitted by NDEQ on
November 8, 2011. Also, EPA is
approving NDEQ’s July 14, 2014,
submittal involving additional revisions
to chapter 34 and revisions to chapters
5 and 9, ‘‘General Operating Permits for
Class I and II Sources’’, as submitted on
May 1, 2003.
We are publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and anticipate
no adverse comment. EPA does not
anticipate adverse comment because the
revisions to the existing rules are
routine and consistent with the Federal
regulations, thereby, strengthening the
SIP. However, in the ‘‘Proposed Rules’’
section of this Federal Register, we are
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publishing a separate document that
will serve as the proposed rule to revise
title 129 of the Nebraska Air Quality
Regulations, chapter 5, ‘‘Operating
Permits—When Required’’; chapter 9,
‘‘General Operating Permits for Class I
and II Sources’’; chapter 22,
‘‘Incinerators; Emission Standards’’;
chapter 30, ‘‘Open Fires’’; and chapter
34, ‘‘Emission Sources; Testing;
Monitoring’’ if adverse comments are
received on this direct final rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document. If
EPA receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. We will address all public
comments in any subsequent final rule
based on the proposed rule.
Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Nebraska regulations
described in the direct final
amendments to 40 CFR part 52 set forth
below. Therefore, these materials have
been approved by EPA for inclusion in
the State implementation plan, have
been incorporated by reference by EPA
into that plan, are fully Federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
EPA has made, and will continue to
make, these documents generally
available electronically through
www.regulations.gov and at the
appropriate EPA office (see the
ADDRESSES section of this preamble for
more information).
Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
1 62
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FR 27968 (May 22, 1997).
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beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 6, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: September 27, 2016.
Mike Brincks,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 70 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart CC—Nebraska
2. Section 52.1420(c) is amended by
revising the entries for 129–5, 129–9,
129–22, 129–30, and 129–34 to read as
follows:
■
§ 52.1420
*
Identification of Plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEBRASKA REGULATIONS
Nebraska citation
State
effective
date
Title
EPA approval date
Explanation
State of Nebraska
Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
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*
*
129–5 ...........................................
Operating
quired.
*
Permits—When
*
*
General Operating Permits for
Class I and II Sources.
*
Incinerators; Emission Standards
*
*
10/7/16 [Insert Federal Register
citation].
*
7/3/10
*
*
*
129–22 .........................................
*
*
10/7/16 [Insert Federal Register
citation].
*
11/20/02
*
*
129–9 ...........................................
*
*
10/7/16 [Insert Federal Register
citation].
*
2/16/08
Re-
*
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EPA-APPROVED NEBRASKA REGULATIONS—Continued
State
effective
date
Nebraska citation
Title
*
*
129–30 .........................................
*
Open Fires ...................................
*
*
*
129–34 .........................................
*
Emission Sources; Testing; Monitoring.
*
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*
*
*
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PART 70—STATE OPERATING PERMIT
PROGRAMS
Authority: 42 U.S.C. 7401, et seq.
4. Amend appendix A to part 70 by
adding paragraphs (m) and (n) under
‘‘Nebraska; City of Omaha; LincolnLancaster County Health Department’’
to read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
*
*
Nebraska; City of Omaha; Lincoln-Lancaster
County Health Department
*
*
*
*
*
(m) The Nebraska Department of
Environmental Quality approved revisions to
Nebraska Air Quality Regulations, Title 129,
Chapter 5, ‘‘Operating Permits—When
Required’’, and Chapter 9, ‘‘General
Operating Permits for Class I and II Sources’’,
on September 5, 2002. The State’s effective
date is November 20, 2002. The revisions
were submitted to EPA on May 1, 2003. This
revision is effective on December 6, 2016.
(n) The Nebraska Department of
Environmental Quality approved revisions to
Nebraska Air Quality Regulations, Title 129,
Chapter 5, ‘‘Operating Permits—When
Required’’, on December 7, 2007. The State’s
effective date is February 16, 2008. The
revisions were submitted to EPA on
November 8, 2011. This revision is effective
on December 6, 2016.
*
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*
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BILLING CODE 6560–50–P
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*
*
10/7/16 [Insert Federal Register
citation].
*
*
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10/7/16 [Insert Federal Register
citation].
*
5/13/14
*
*
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 54 and 69
Connect America Fund, Connect
America Fund—Alaska Plan, Universal
Service Reform—Mobility Fund
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) adopts an integrated plan
to address both fixed and mobile voice
and broadband service in high-cost
areas of the state of Alaska, building on
a proposal submitted by the Alaska
Telephone Association.
DATES: Effective November 7, 2016,
except for §§ 54.313(f)(1)(i), 54.313(f)(3),
54.313(l), 54.316(a)(1), 54.316(a)(5) and
(6), 54.316(b)(6), 54.320(d), and 54.321
which contain new or modified
information collection requirements that
will not be effective until approved by
the Office of Management and Budget.
The Federal Communications
Commission will publish a document in
the Federal Register announcing the
effective date for those sections.
FOR FURTHER INFORMATION CONTACT:
Alexander Minard, Wireline
Competition Bureau, (202) 418–7400 or
TTY: (202) 418–0484, Matthew Warner
of the Wireless Telecommunications
Bureau, (202) 418–2419, or Audra HaleMaddox of the Wireless
Telecommunications Bureau, (202) 418–
0794.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order in WC Docket Nos. 10–90,
16–271, WT Docket No. 10–208; FCC
16–115, adopted on August 23, 2016
and released on August 31, 2016. The
full text of this document is available for
public inspection during regular
SUMMARY:
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Explanation
7/3/10
[WC Docket Nos. 10–90, 16–271; WT Docket
No. 10–208; FCC 16–115]
3. The authority citation for part 70
continues to read as follows:
■
*
EPA approval date
Sfmt 4700
*
*
business hours in the FCC Reference
Center, Room CY–A257, 445 12th Street
SW., Washington, DC 20554, or at the
following Internet address: https://
apps.fcc.gov/edocs_public/attachmatch/
FCC-16-115A1.docx.
The Further Notice of Proposed
Rulemaking (FNPRM) that was adopted
concurrently with the Report and Order
is published elsewhere in this issue of
the Federal Register.
I. Introduction
1. In this Order, the Commission
adopts an integrated plan to address
both fixed and mobile voice and
broadband service in high-cost areas of
the state of Alaska, building on a
proposal submitted by the Alaska
Telephone Association. In February
2015, the Alaska Telephone Association
(ATA) proposed a consensus plan
designed to maintain, extend, and
upgrade broadband service across all
areas of Alaska served by rate-of-return
carriers and their wireless affiliates.
Given the unique climate and
geographic conditions of Alaska, the
Commission finds that it is in the public
interest to provide Alaskan carriers with
the option of receiving fixed amounts of
support over the next ten years to
deploy and maintain their fixed and
mobile networks. If each of the Alaska
carriers elects this option, the
Commission expects this plan to bring
broadband to as many as 111,302 fixed
locations and 133,788 mobile
consumers at the end of this 10-year
term.
II. Alaska Plan for Rate-of-Return
Carriers
2. Today the Commission adopts
ATA’s proposed consensus plan for
rate-of-return carriers serving Alaska,
subject to the minor modifications
described herein. Alaskan rate-of-return
carriers face unique circumstances
including Alaska’s large size, varied
terrain, harsh climate, isolated
populations, shortened construction
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]]>Agencies
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69693-69696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24088]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2016-0555; FRL-9953-59-Region 7]
Approval of Nebraska's Air Quality Implementation Plans; Nebraska
Air Quality Regulations and State Operating Permit Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) for the State of Nebraska. This action will amend the SIP to
include revisions to title 129 of the Nebraska Air Quality Regulations,
chapter 5, ``Operating Permits--When Required''; chapter 9, ``General
Operating Permits for Class I and Class II Sources''; chapter 22,
``Incinerators; Emission Standards''; chapter 30, ``Open Fires''; and
chapter 34 ``Emission Sources; Testing; Monitoring. These revisions
were requested by the Nebraska Department of Environmental Quality
(NDEQ) in three submittals, submitted on May 1, 2003, November 8, 2011,
and July 14, 2014. The May 1, 2003, submittal revised chapters 5 and 9,
to address changes in regard to the permits-by-rule provisions of Title
129. The November 8, 2011, submittal allows for the issuance of
multiple operating permits to major sources through revisions to
chapter 5. In addition, revisions to chapters 22 and 30 encourage the
use of air curtain incinerators over open burning; and changes to
chapter 34 clarify the authority of NDEQ to order emission sources to
do testing when NDEQ deems it necessary. The July 14, 2014, submittal
further revises chapter 34, by updating the reference to allowable test
methods for evaluating solid waste, changing the amount of time allowed
to submit test results, and allowing the Department to approve a
request for testing with less than 30 days notification.
DATES: This direct final rule will be effective December 6, 2016,
without further notice, unless EPA receives adverse comment by November
7, 2016. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2016-0555, to https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit
[[Page 69694]]
https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913-551-7391, or by email at
crable.gregory@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
I. What is being addressed in this document?
EPA is approving revisions into the SIP to include amendments to
title 129 of the Nebraska Air Quality Regulations, chapters 5, 22, 30
and 34, as submitted on November 8, 2011. The EPA is also approving
additional revisions to chapter 34, as submitted on July 14, 2014, and
to chapters 5 and 9, as submitted on May 1, 2003. Revisions to chapter
5 allows for the issuance of multiple operating permits to major
sources. The revisions to chapters 22 and 30 encourage the use of air
curtain incinerators over open burning and the revisions to chapter 34
as submitted on November 8, 2011, clarify NDEQ's authority to require
emission sources to test for contaminant emissions. The revisions to
chapter 34 requested in the July 14, 2014, submittal updates the
reference to allowable test methods for evaluating solid waste; makes
changes to the amount of time allowed to submit test results; and
allows NDEQ to approve a request to test with less than 30 days
notification.
The revisions to chapter 5 submitted on May 1, 2003, allows a
source otherwise subject to the Class II operating permit program to be
covered instead by the permits-by-rule provisions, provided the source
qualifies. The May 1, 2003 submittal, also revised chapter 9 to allow a
source covered for some activities under a general permit be covered
for other facilities or activities by a permits-by-rule. Revisions to
chapter 5 ``Operating Permits--When Required'', submitted on November
8, 2011, clarifies the process for issuing operating permits to major
sources comprised of different regulated entities or ``persons''. The
changes allow each regulated entity more options in applying for
operating permits and NDEQ more flexibility in issuing the permits. The
revisions to chapter 5 are worded such that sources permitted under the
changed language will not avoid other major source obligations. The
revisions to chapter 22, ``Incinerators; Emission Standards'',
establish requirements regarding opacity for air curtain incinerators
while revisions to chapter 30, ``Open Fires'', allow burning in an air
curtain incinerator with a general or community open fire permit issued
by NDEQ. Title 129, chapter 34, ``Emission Sources; Testing;
Monitoring'', as submitted on November 8, 2011, is being revised to
clarify NDEQ's authority to order emission sources to make or have
tests made to determine the rate of contaminant emissions from the
source. The July 14, 2014, submittal further revises chapter 34, by
updating the reference to allowable test methods for evaluating solid
waste, changes the amount of time allowed to submit test results, and
allows NDEQ to approve a request for testing with less than 30 days
notification. For additional information on the revisions to chapter 5,
9, 22, 30 and 34 see the detail discussion table in the docket.
II. Have the requirements for approval of a SIP revision been met?
The state submittals have met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The submittals also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.
III. What action is EPA taking?
EPA is approving the state's request to revise the SIP to include
amendments to title 129, of the Nebraska Air Quality Regulations,
chapter 5, ``Operating Permits--When Required''; chapter 22,
``Incinerators; Emission Standards''; chapter 30, ``Open Fires''; and
chapter 34, ``Emission Sources; Testing; Monitoring'', as submitted by
NDEQ on November 8, 2011. Also, EPA is approving NDEQ's July 14, 2014,
submittal involving additional revisions to chapter 34 and revisions to
chapters 5 and 9, ``General Operating Permits for Class I and II
Sources'', as submitted on May 1, 2003.
We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. EPA does not anticipate adverse comment because the
revisions to the existing rules are routine and consistent with the
Federal regulations, thereby, strengthening the SIP. However, in the
``Proposed Rules'' section of this Federal Register, we are publishing
a separate document that will serve as the proposed rule to revise
title 129 of the Nebraska Air Quality Regulations, chapter 5,
``Operating Permits--When Required''; chapter 9, ``General Operating
Permits for Class I and II Sources''; chapter 22, ``Incinerators;
Emission Standards''; chapter 30, ``Open Fires''; and chapter 34,
``Emission Sources; Testing; Monitoring'' if adverse comments are
received on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document. If EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that this direct final rule will not take
effect. We will address all public comments in any subsequent final
rule based on the proposed rule.
Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Nebraska
regulations described in the direct final amendments to 40 CFR part 52
set forth below. Therefore, these materials have been approved by EPA
for inclusion in the State implementation plan, have been incorporated
by reference by EPA into that plan, are fully Federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference by the Director of the Federal Register in the next update to
the SIP compilation.\1\ EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and at the appropriate EPA office (see the
ADDRESSES section of this preamble for more information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements
[[Page 69695]]
beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 6, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: September 27, 2016.
Mike Brincks,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA amends 40 CFR parts 52
and 70 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart CC--Nebraska
0
2. Section 52.1420(c) is amended by revising the entries for 129-5,
129-9, 129-22, 129-30, and 129-34 to read as follows:
Sec. 52.1420 Identification of Plan.
* * * * *
(c) * * *
EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
State
Nebraska citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
State of Nebraska
----------------------------------------------------------------------------------------------------------------
Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
129-5.......................... Operating 2/16/08 10/7/16 [Insert ............................
Permits--When Federal Register
Required. citation].
* * * * * * *
129-9.......................... General Operating 11/20/02 10/7/16 [Insert ............................
Permits for Federal Register
Class I and II citation].
Sources.
* * * * * * *
129-22......................... Incinerators; 7/3/10 10/7/16 [Insert ............................
Emission Federal Register
Standards. citation].
[[Page 69696]]
* * * * * * *
129-30......................... Open Fires....... 7/3/10 10/7/16 [Insert ............................
Federal Register
citation].
* * * * * * *
129-34......................... Emission Sources; 5/13/14 10/7/16 [Insert ............................
Testing; Federal Register
Monitoring. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Amend appendix A to part 70 by adding paragraphs (m) and (n) under
``Nebraska; City of Omaha; Lincoln-Lancaster County Health Department''
to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Nebraska; City of Omaha; Lincoln-Lancaster County Health Department
* * * * *
(m) The Nebraska Department of Environmental Quality approved
revisions to Nebraska Air Quality Regulations, Title 129, Chapter 5,
``Operating Permits--When Required'', and Chapter 9, ``General
Operating Permits for Class I and II Sources'', on September 5,
2002. The State's effective date is November 20, 2002. The revisions
were submitted to EPA on May 1, 2003. This revision is effective on
December 6, 2016.
(n) The Nebraska Department of Environmental Quality approved
revisions to Nebraska Air Quality Regulations, Title 129, Chapter 5,
``Operating Permits--When Required'', on December 7, 2007. The
State's effective date is February 16, 2008. The revisions were
submitted to EPA on November 8, 2011. This revision is effective on
December 6, 2016.
* * * * *
[FR Doc. 2016-24088 Filed 10-6-16; 8:45 am]
BILLING CODE 6560-50-P
